Balkovec, C. v. Hidden Valley Four Seasons
1816 WDA 2015
| Pa. Super. Ct. | Jan 12, 2017Background
- Plaintiff Crystal Balkovec, a novice who had never skied before, alleged she was injured on January 9, 2014 while attempting a run at Hidden Valley Four Seasons Resort.
- After successfully completing several beginner runs, she entered the "Lower Continental" slope, saw a large gap between trees, and turned left through it to stay on the run.
- Immediately after negotiating the turn, she struck a large open ditch under a ski lift, was thrown 10–15 feet, and suffered serious injuries.
- Balkovec’s complaint alleges Four Seasons failed to post signage, fencing, barricades, or warnings and failed to mark or restrict access to slopes deemed too dangerous for novices.
- Four Seasons filed preliminary objections (demurrer) arguing the Skiers’ Responsibility Act preserves assumption-of-risk for downhill skiing and Balkovec’s injury was an inherent risk of the sport; the trial court sustained the objections and dismissed.
- The Superior Court reversed and remanded, holding that the complaint raised factual questions whether the tree gap/ditch was an inherent skiing risk or a design/marking defect, so dismissal on preliminary objections was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal on demurrer was proper because injury was an assumed inherent risk of downhill skiing | Balkovec argues the complaint alleges a design/marking defect (no signs/barricades) and thus it’s unclear whether the risk was inherent | Four Seasons argues veering through a gap in trees and encountering unseen terrain is an inherent, assumed risk of downhill skiing | Reversed: complaint raises factual dispute whether risk was inherent or a noninherent design/marking defect; demurrer improper |
| Whether the trial court considered only the pleadings and gave opportunity to amend or conduct discovery | Balkovec contends the trial court relied on facts not in the complaint and should have allowed amendment/discovery | Four Seasons relied on the pleadings to argue assumption of risk bars the claim | Superior Court noted trial court made factual findings beyond the complaint; dismissed claim should not have been resolved at demurrer stage |
| Whether the assumption-of-risk doctrine as preserved by the Skier’s Responsibility Act bars negligence claims for all skiing injuries | Balkovec contends Act does not automatically bar claims where injury arises from noninherent defects | Four Seasons contends Act preserves common-law assumption-of-risk so ski resorts owe no duty for inherent risks | Court applied two-part test (engaged in skiing; injury from inherent risk) and found undecided factual question precluded dismissal |
| Whether factual issues (inherent risk vs. design/marking defect) are for a jury | Balkovec argues case law makes this a factual question for jury | Four Seasons argues the risk is plainly inherent and judgment should be decided as a matter of law | Held for Balkovec on procedure: factual issues exist and cannot be resolved on preliminary objections; jury/summary process appropriate later |
Key Cases Cited
- Chepkevich v. Hidden Valley Resort, L.P., 2 A.3d 1174 (Pa. 2010) (explains that the Skiers’ Responsibility Act preserved common-law assumption-of-risk for downhill skiing and treats inherent risks as a no-duty rule)
- Hughes v. Seven Springs Farm, Inc., 762 A.2d 339 (Pa. 2000) (sets two-part test: person was engaged in skiing and injury resulted from a risk that is common, frequent, and expected)
- Jones v. Three Rivers Mgmt. Corp., 394 A.2d 546 (Pa. 1978) (discussion of inherent risks being those that are common, frequent, and expected)
- Althaus ex rel. Althaus v. Cohen, 756 A.2d 1166 (Pa. 2000) (negligence requires duty; where no duty exists because risk is inherent, negligence principles are irrelevant)
- Hill v. Slippery Rock Univ., 138 A.3d 673 (Pa. Super. 2016) (standard of review for preliminary objections/demurrers and construing pleadings in favor of the nonmoving party)